J.S. Narang, J. - The appellants had filed a suit for recovery of Rs. 21,07,450/- against Union of India through General Manager, Northern Railways, New Delhi as damages caused to the property of the appellants. It is averred that a goods train of the defendants fully loaded with heavy steel blooms and steel rods etc. had rammed into the transformers of the appellants lying in the yard of the 220 KVS Station Jamalpur Awana rendering the said transformers totally useless. It is further alleged that the accident was caused due to the careless and negligent and illegal act of the employees of the defendant. The transformers were lying on the siding track which was the exclusive property and jurisdiction of the appellants.

2. The defendant-respondent had taken the plea that the suit had not been filed through a duly authorised person and that the siding track was not meant for the exclusive use of the appellant-plaintiff. It has been further stated that on 27.9.1977, Train No. D-22 Down was engaged in shunting in the siding at Dhandari Kalan. Empty stock which ought to have been removed from the siding by way of placement of one of the loaded KC in the siding which had not been